Citation Numbers: 144 Misc. 2d 325
Judges: Bradley, John
Filed Date: 3/23/1989
Status: Precedential
Modified Date: 2/5/2022
OPINION OF THE COURT
Is an automobile without a battery a "motor vehicle” within the meaning of Vehicle and Traffic Law § 125? That is the sole question before the court.
The defendant is charged with operating a motor vehicle while under the influence of alcohol and various other crimes. At the time of the incident, the defendant was steering a car without a battery on Houston Street. The testimony before the Grand Jury was unclear as to whether the defendant’s car was being pushed by another vehicle or a person.
Vehicle and Traffic Law § 159 defines vehicle as: "Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.”
The question is posed whether a vehicle which may have been incapable of being operated under motorized power was a motor vehicle at such time.
There are many cases which approach issues similar to that at bar. (People v Hakimi-Fard, 137 Misc 2d 116 [Yonkers City Ct 1987] [disabled vehicle being pushed from behind is being "operated”, and a driver’s license is required]; People v Foster, 133 Misc 2d 427 [Dist Ct, Nassau County 1986] ["operation” of vehicle can be presumed when person found behind wheel of car with engine running]; People v Chin, 96 Misc 2d 627 [Village Ct, Rockville Centre 1978].) There are no cases which address the precise issue posed here.
While the legislative history is unilluminating, the court concludes that the car at issue was a "motor vehicle”. In exempting "muscle” powered vehicles, the Legislature obviously sought to exempt bicycles and other lightweight vehicles which would not be a deadly instrument if not being operated properly.
That this conclusion is appropriate is evident when the absurdity of the opposite conclusion is considered. If the test as to whether an automobile is a "motor vehicle” is dependent